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Ohio Questions & Answers
Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Education Law
for
Ohio
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
Q: Is it legal in Ohio for a housing complex to Ban you for life from the property due to your past criminal record
Dimitrios Makridis' answer
You cannot trespass on property that you knowingly are banned from. This ban must come from a person authorized to ban you, or who you believe was authorized. If you trespass knowing you are banned from property, there a few kinds of criminal trespass you can be charged with, which involve knowingly entering or remaining on property without privilege to do so. Criminal trespass generally ranges from a 4th degree misdemeanor (up to 30 days in jail, and a $250 fine) to a 1st degree misdemeanor...
You cannot trespass on property that you knowingly are banned from. This ban must come from a person authorized to ban you, or who you believe was authorized. If you trespass knowing you are banned from property, there a few kinds of criminal trespass you can be charged with, which involve knowingly entering or remaining on property without privilege to do so. Criminal trespass generally ranges from a 4th degree misdemeanor (up to 30 days in jail, and a $250 fine) to a 1st degree misdemeanor...
Q: Hello there. My question I want to ask is, how do I go about making a complaint against a visitation order?
Joseph Jaap's answer
Are you paying child support? If not, and if you pursue this, you likely will have to start paying. You can file a motion with the court to have the mother held in contempt for not allowing the visitation. But you will have to locate her. If you cannot find her on your own, you can hire a private investigator.
Are you paying child support? If not, and if you pursue this, you likely will have to start paying. You can file a motion with the court to have the mother held in contempt for not allowing the visitation. But you will have to locate her. If you cannot find her on your own, you can hire a private investigator.
Q: How do I find out if I have a case of wrongful termination from my previous employer for Discrimination
James J. Hux's answer
The best way for you to find out is to speak with an employment law attorney about your situation in more detail. Some will offer a free initial consultation.
Attorney James J Hux
Hux Law Firm LLC
The best way for you to find out is to speak with an employment law attorney about your situation in more detail. Some will offer a free initial consultation.
Attorney James J Hux
Hux Law Firm LLC
Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland
1 Answer
| Asked
in
Child Custody, Civil Litigation, Divorce and Family Law
for
Ohio
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
Q: got divorced in Cleveland in 2011. I have Shared Parenting. Cleveland Courts. My X lives in Michigan with our son. If
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
Q: How do I handle handle bank accounts that do not have a living benficiary listed ?
Joseph Jaap's answer
The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
Q: It has been 1 year since arrested for ovi & drug possess. Ovi is over still nothing about the drugs
Dimitrios Makridis' answer
The drug possession can be presented to a grand jury at any time within the statute of limitations. Depending on what / how much was found, it can take years. When the prosecutor presents your case to the grand jury, the grand jury can (and will likely) find probable cause to indict you. You will receive a summons telling you to appear for an arraignment on the charge. Essentially, that is the start of your case. You should call an attorney immediately when that happens.
The drug possession can be presented to a grand jury at any time within the statute of limitations. Depending on what / how much was found, it can take years. When the prosecutor presents your case to the grand jury, the grand jury can (and will likely) find probable cause to indict you. You will receive a summons telling you to appear for an arraignment on the charge. Essentially, that is the start of your case. You should call an attorney immediately when that happens.
Q: My car got hit in school parking lot the police said its private property it doesn't matter who is at fault
Patrick DiChiro's answer
THEY MAY NOT BE ABLE TO CITE BECAUSE IT IS PRIVATE PROPERTY. BUT THAT DOES NOT PROHIBIT YOU FROM FILING A CIVIL LAWSUIT FOR DAMAGES. ESPECIALLY IF YOU THINK YOU WERE NOT AT FAULT.
I SUGGEST YOU CONTACT AN ATTORNEY WHO CAN HELP YOU.
BEST WISHES,
PAT DICHIRO
THEY MAY NOT BE ABLE TO CITE BECAUSE IT IS PRIVATE PROPERTY. BUT THAT DOES NOT PROHIBIT YOU FROM FILING A CIVIL LAWSUIT FOR DAMAGES. ESPECIALLY IF YOU THINK YOU WERE NOT AT FAULT.
I SUGGEST YOU CONTACT AN ATTORNEY WHO CAN HELP YOU.
BEST WISHES,
PAT DICHIRO
Q: I'm looking for attorney for two felony 5 warrants out of Fairborn Ohio. I need to find one that let me make payments
Patrick DiChiro's answer
CONTACT THE OHIO STATE BAR ASSOCIATION 1-800-232-7124. ASK FOR LAWYER REFERRAL SERVICE.
BEST WISHES,
PAT
CONTACT THE OHIO STATE BAR ASSOCIATION 1-800-232-7124. ASK FOR LAWYER REFERRAL SERVICE.
BEST WISHES,
PAT
Q: Need lawyer that deals in Greene county Ohio felony cases that accept payment arrangement
Patrick DiChiro's answer
CONTACT THE OHIO STATE BAR ASSOCIATION AT 1-800-232-7124. ASK THEM FOR THE LAWYER REFERRAL SERVICE. TELL THEM THE AREA YOU NEED THE LAWYER.
BEST WISHES,
PAT
CONTACT THE OHIO STATE BAR ASSOCIATION AT 1-800-232-7124. ASK THEM FOR THE LAWYER REFERRAL SERVICE. TELL THEM THE AREA YOU NEED THE LAWYER.
BEST WISHES,
PAT
Q: How do we get escrow money back?New owner hasn't used for septic system,hasnt even inspected it.Sold home over year ago
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local attorney to review the home sale contract and the escrow agreement and advise you of your options. You might have to sue the buyer and the escrow agent.
Use the Find a Lawyer tab to retain a local attorney to review the home sale contract and the escrow agreement and advise you of your options. You might have to sue the buyer and the escrow agent.
Q: Can my 17 year old friend come live with me if her step mom and dad is mistreating her & cutting people out her life
2 Answers
| Asked
in
Criminal Law, Family Law, Child Custody and Juvenile Law
for
Ohio
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Joseph Jaap's answer
The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.
The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.
Q: How much can or will legal aid help you?
Brian Smith Esq's answer
There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will appoint an attorney to represent the person.
Legal aid groups each provide different services, often helping people who cannot afford an attorney but are not eligible for appointed counsel because...
There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will appoint an attorney to represent the person.
Legal aid groups each provide different services, often helping people who cannot afford an attorney but are not eligible for appointed counsel because...
Q: how did the lemon v. kurtzman case moved up to the Supreme Court?
Matthew Williams' answer
It went to the Supreme Court through the appellate process like almost every other case that ever got there.
It went to the Supreme Court through the appellate process like almost every other case that ever got there.
Q: My nephew live and is from Bolivia, South America, he's girlfriend is back in Ohio and pregnant.
Matthew Williams' answer
He will need to establish paternity to secure parental rights and should be aware that doing so will trigger support obligations.
He will need to establish paternity to secure parental rights and should be aware that doing so will trigger support obligations.
Q: My father died with will (no copy for me) I want the house in which I grew up in Ohio. Lineal descent cover this?
Joseph Jaap's answer
Ohio law specifies the order in which family members share in property when there is no will. But the deed to his house might have had joint ownership and survivorship, or transfer on death provisions. If so, then those would control, and the house would not be subject to probate, and would transfer according to those instructions, not Ohio law for descent and distribution. Consult a local attorney where he lived to review the deed and any other documents recorded for the house and advise...
Ohio law specifies the order in which family members share in property when there is no will. But the deed to his house might have had joint ownership and survivorship, or transfer on death provisions. If so, then those would control, and the house would not be subject to probate, and would transfer according to those instructions, not Ohio law for descent and distribution. Consult a local attorney where he lived to review the deed and any other documents recorded for the house and advise...
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